Dear Sir I Attach the Following Documents Required by Deadline 1
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From: Tony Bateman To: M42 Junction 6 Cc: Subject: DCO - M42 junction 6 Improvement - Deadline 1 submissions Date: 30 May 2019 10:07:34 Attachments: image001.png image003.png 070_TB_ NationalInfrastructurePlanning_BIR.4229_300519.pdf 071_TB_ NationalInfrastructurePlanning_BIR.4229_300519.pdf Dear Sir I attach the following documents required by Deadline 1: 1. Response to the Relevant Representation submitted by Axis on behalf of Applegreen 2. Requests to be present at the Issue Specific Hearing regarding Junction 5A and the MSA, together with a request to be present at the accompanied site visit. Please acknowledge due receipt. Tony Bateman Managing Director Pegasus Group PLANNING | DESIGN | ENVIRONMENT | ECONOMICS Sutton Coldfield: 5 The Priory | Old London Road | Canwell | Sutton Coldfield | West Midlands | B75 5SH City Centre: Colmore Place | 39 Bennetts Hill | Birmingham | B2 5SN T 0121 308 9570 | E [email protected] M 07799 135565 | EXT Birmingham | Bracknell | Bristol | Cambridge | Cirencester | East Midlands | Leeds | Liverpool | London | Manchester | Peterborough www.pegasusgroup.co.uk Pegasus Group is the trading name of Pegasus Planning Group Ltd (07277000) registered in England and Wales. This email and any associated files, is intended for the exclusive use of the addressee only. If you are not the intended recipient you should not use the contents nor disclose them to any other person. If you have received this message in error please notify us immediately.We have updated our Privacy Statement in line with the GDPR; please click here to view it. Please consider the environment before printing this email message. 071_TB_ NationalInfrastructurePlanning_BIR.4229_300519 30 May 2019 National Infrastructure Planning Temple Quay House 2 The Square Bristol BS1 6PN Your Ref TR010027 Dear Sir Planning Act 2008 – Section 88 and The Infrastructure Planning (Examination Procedure) Rules 2010 Application by Highways England for an Order Granting Development Consent for the M42 Junction 6 Improvement Deadline 1 : Response to Relevant Representations submitted by AXIS on behalf of Applegreen. I refer to the representations submitted on behalf of Applegreen (who are proposing a MSA at Junction 4 of the M42) on 13 March 2019 to the DCO. Extra have concerns that these representations misrepresent the highways position in relation to the proposed Extra MSA. Indeed, these representations are broadly similar to those submitted to Solihull by them on 4 March 2019. Extra submitted a response at that time to these representations on 11 March 2019 For convenience, and to save mere duplication in this response, I attach a copy of this which covers a number of the points raised in their representation to the DCO. Subsequent to the Applegreen representations of 4 March 2019, it is important to be clear that in respect of the Extra MSA application, Highways England (HE) responded to Solihull on 14 March 2019 to confirm that they have no objections (subject to conditions) to the Extra application and that they now are content to allow Solihull to proceed to determine the MSA application. This letter is also attached to this response. The Panel of course have already at the Preliminary Meeting set out that they will be raising some questions on highway issues relating to the potential relationship between the MSA and HE’s scheme at Junction 5A. Extra propose, therefore, to wait until we receive those questions giving any detailed response on the highway points raised in the Applegreen representation. It is though important for the Panel to note that following the Preferred Route Announcement by HE (7 August 2017) Extra and HE have had extensive discussions regarding the design of junction 5A to ensure that neither scheme prejudices the other. Indeed, HE have been very clear that the DCO is not “fundamentally compromised” (to use Applegreen’s words) by the provision of the MSA. It is also worth adding that the junction arrangement at junction 5A put forward by HE in the DCO application was that 5 The Priory, Old London Road, Canwell, Sutton Coldfield, B75 5SH T 0121 308 9570 F 0121 323 2215 www.pegasusgroup.co.uk Birmingham | Bracknell | Bristol | Cambridge | Cirencester | East Midlands | Leeds | Liverpool | London | Manchester Pegasus Group is a trading name of Pegasus Planning Group Limited (07277000) registered in England and Wales Registered Office: Pegasus House, Querns Business Park, Whitworth Road, Cirencester, Gloucestershire, GL7 1RT considered best by the HE, following consideration of a variety of alternatives to meet both costs and impacts on the environment. Lastly, reference is made to the provision of north facing slip roads by the Extra MSA. It is again important to be clear that this is the only way the north facing slips will be provided and whilst this is to primarily serve the MSA to ensure service directly off and onto the motorway, there is significant additional support for the MSA and the northern slips from UK Central Solihull Urban Growth Company, where the north facing slip roads are described as a key benefit; Birmingham Airport, on the basis that the north facing slip roads provide a safety valve if Junction 6 becomes blocked or congested; the NEC group, where they state that the inclusion of the north facing slip roads are a matter of great importance to the NEC to allow the continued growth of their business; and, the Greater Birmingham Chambers of Commerce. Copies of relevant correspondence is also attached. At this stage I believe this letter and the attachments provide necessary context for the consideration of the Applegreen representation, although I reserve the right as I have set out above to respond further on these issues in due course, and particularly once we have seen the Panels questions on this issue. Yours sincerely TONY BATEMAN BA (Hons) TP MRICS MRTPI MCMI MIoD FRSA Managing Director [email protected] Page | 2 APPENDIX 1 11 March 2019 Lawrence Osborne Team Leader – Major Projects Development and Regulatory Management Managed Growth and Communities Directorate Solihull Metropolitan Borough Council Council House Manor Square Solihull West Midlands B91 3QB By email [email protected],uk Dear Lawrence APPLICATION REFERENCES: PL/2015/51409/PPOL and PL/2016/02754/MAJFOT PROPOSED MOTORWAY SERVICE AREA (MSA) M42 SOLIHULL I refer to the letter dated 4 March 2019 sent to Solihull Metropolitan Borough Council (SMBC) by Axis on behalf of their client Applegreen Plc, in respect of matters relating to the interface between the proposed Extra MSA and the recently submitted Highways England (HE) Junction 6 Improvement Scheme. As you are aware, Extra and Highways England (HE) have been working together for a number of years, initially focused on ensuring that HE were satisfied that safe access to and from the M42 could be achieved in respect of Extra’s proposed MSA development. In particular, this has more latterly also been to ensure that the Extra MSA proposals and the HE M42 Junction 6 Improvement scheme (inclusive of the new Junction 5A) are each compatible with the other, should both schemes be approved. The Axis letter raises a number of matters and contains a series of inaccuracies, which Extra considers are important to robustly address. These are each set out below. 1. Needs Case Extra agree with the Secretary of State (2009) that “there remains a significant unmet need for one additional MSA serving traffic travelling in both directions on this stretch of the M42, and that this need is somewhat greater then that which existed in 2001…”. Page | 1 However, it is not the case, as Axis suggest, that an MSA located at Junction 4 equally meets that ‘need’. Circular 02/2013 is clear, a ‘need’ exists where there is a gap in excess of 28 miles. The most significant gap on this part of the Motorway Network is between Warwick Services (M40) and Hilton Park Services (M6) and is 49 miles long. Quite simply a new MSA located at Junction 4 would leave a gap of 30 miles between it and Hilton Park Services whilst the Extra MSA, being located further north along the M42, would leave a gap of 26 miles to Hilton Park and 23 miles to Warwick Services. Thus one location is policy compliant (Extra) and addresses this significant gap, whilst the other (Applegreen) does not. In terms of properly and fully meeting the ‘need’ (as established by Circ 02/2013) the two locations are not equal; this can only be achieved by Extra’s MSA development. 2. DCO Application – The Economic Case From the outset of the Junction 6 Improvement Scheme project, key ‘stakeholders’ (Birmingham Airport, the NEC Group and the UGC) have publicly stated their desire to see the inclusion of ‘north facing’ slip roads at what will now likely be known as the new Junction 5A. This is because they would add to the economic resilience of the overall improvements, providing a ‘safety valve’ should either Junction 6 or its ‘north facing’ slip roads become blocked, or where additional capacity in the overall Network is required at peak times (Appendix 1 – 4) contains copies of the letters submitted to SMBC by Birmingham Airport, the NEC Group and the UGC, each confirming the economic importance of securing this significant benefit. Whilst both Extra’s MSA access junction and HE’s new Junction 5A designs each include ‘south facing’ slip roads to/from the M42, the HE Junction 5A design does not include ‘north facing’ slip roads. However, it is otherwise fully commensurate with the approach adopted for the design of Extra’s MSA access scheme (see section 3 below). Further economic benefits would also be secured for the good of the public purse, were both schemes to proceed, as the Extra MSA development will also deliver further improvements to the M42 between Junctions 5 and 6, including provision of a continuous concrete barrier central reservation and conversion of this section of the M42 (from J5 – J6) to ‘All Lane Running’ (in place of the existing ‘Dynamic’ system).